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Application of chapter.

shall be sitting at the time and place when and where any provision of this chapter, in which those words occur, requires to be applied and enforced. 46 V., c. 16, s. 60.

3. This chapter shall apply to criminal matters only, except where the context plainly extends the provisions thereof to other matters. 46 V., c. 16, s. 61.

SECTION II.

Grand jurors:

In cities and towns.

In Gaspé

and Bonaven

ture.

In all other

province.

QUALIFICATIONS AND DISQUALIFICATIONS OF JURORS.

§ 1.-Persons qualified to be Grand Jurors.

2618. Subject to the exemptions and disqualifications hereinafter provided for, the following persons are qualified to act, and, when duly chosen and summoned, are bound to serve as grand jurors:

1. Every male person, domiciled in a town or city, containing at least twenty thousand inhabitants, or in the banlieue thereof, who is entered upon the valuation roll as proprietor of immoveable property of a total value above three thousand dollars, or as occupant or tenant of immoveable property of an annual value above three hundred dollars;

2. Every male person, domiciled within the limits of any municipality in the counties of Gaspé and Bonaventure, and entered upon the valuation roll as proprietor of immoveable property of a value above one thousand dollars, or occupant or tenant, for an annual value above one hundred dollars;

3. In all other parts of the Province, every male person parts of the domiciled within the limits of any municipality, any part whereof is situated within thirty miles of the place of holding the court in the district in which he resides, who is entered upon the valuation roll, as proprietor of immoveable property of a total value above two thousand dollars, or as occupant or tenant, of immoveable property of an annual value of above one hundred and fifty dollars. 46 V., c. 16, s. 1; 47 V., c. 11, s. 1.

Petit jurors:

In cities and towns.

§ 2. Persons qualified to be Petit Jurors.

2619. Subject to the exemptions and disqualifications hereinafter provided for, the following persons are qualified to act, and, when duly chosen and summoned, are bound to serve as petit jurors:

1. Every male person, domiciled in a town or city, containing at least twenty thousand inhabitants, or in the banlieue thereof, who is entered upon the valuation roll as proprietor of immoveable property of a total value of at least twelve hundred dollars, but not more than three thousand dollars, or as occupant or tenant of immoveable property of an annual value of at least one hundred dollars but not more than three hundred dollars;

2. Every male person, domiciled within the limits of any In Gaspé and municipality in the counties of Gaspé and Bonaventure, and Bonaventure. entered on the valuation roll as proprietor of a total value of at least four hundred dollars and not more than one thousand dollars, or occupant or tenant for an annual value of at least forty dollars and not more than one hundred dollars;

parts of the

3. In all other parts of the Province, every male person, In all other dom'eiled within the limits of any municipality, whereof any province." part is situated within thirty miles of the place of holding the court in the district in which he resides, who is entered upon the valuation roll as proprietor of immoveable property of a total value of at least one thousand dollars, but not more than two thousand dollars, or as occupant or tenant of immoveable property of an annual value of at least eighty dollars, but not more than one hundred and fifty dollars. 46 V., c. 16, s. 2.

§ 3.-Persons not qualified to be Jurors.

2620. The following persons are disqualified from serving Persons as grand or petit jurors, respectively:

incapable of being jurors.

I. Persons who are not qualified as such under the preceding want of articles of this section;

qualification. Under age.

2. Persons under the age of twenty-one years; 3. Persons afflicted with blindness, deafness, or any other Afflicted with physical or mental infirmity incompatible with the discharge

of the duties of a juror;

blindness, &c.

4. Persons who are arrested or under bail upon a charge of Arrested, &c. treason or felony, or who have been convicted thereof;

5. Aliens. 46 V., c. 16, s. 3.

§4.-Persons exempt from being Jurors.

for treason.

Aliens.

2621. The following persons are exempt from serving as Exemptions. jurors:

1. Members of the clergy;

2. Members of the Privy Council, or of the Senate, or of the House of Commons of Canada, or persons in the employ of the Government of Canada ;

3. Members of the Executive Council, Legislative Council or Legislative Assembly of Quebec, or persons in the employ of the Government of Quebec or of the Legislature of this Province:

4. Judges of the Supreme Court, of the Court of Queen's Bench and of the Superior Court, judges of the sessions, district magistrates and recorders;

5. Officers of Her Majesty's courts;

6. Registrars;

7. Practising advocates and notaries;

8. Practising physicians, surgeons, dentists, and druggists;

9. Professors in universities, colleges, high schools or normal schools, and teachers;

Duty of clerk, &c., when sheriff re

quires him

10. Cashiers, tellers, clerks and accountants of incorporated banks;

11. Clerks, treasurers and other municipal officers of the cities of Quebec and Montreal;

12. Officers of the army or navy on active service;

13. Officers, non-commissioned officers and privates of the active militia;

14. Pilots duly licensed;

15. Masters and crews of steamboats and masters of schooners, during the season of navigation;

16. All persons employed in the running of railway trains;
17. All persons employed in the working of grist mills;
18. Firemen ;

19. Persons above sixty years of age;

20. The persons mentioned in section twenty-three of the act fourth and fifth Victoria, chapter ninety, to wit: the members of the council and of the board of arbitration of the Montreal Board of Trade. 46 V., c. 16, s. 4; 46 V., c. 34, s. 23.

SECTION III.

EXTRACTS FROM VALUATION ROLLS, CONTAINING THE NAMES OF PERSONS
QUALIFIED TO BE JURORS.

2622. Whenever it is the duty of the sheriff to renew the list of jurors, the clerk or secretary-treasurer of every municipality is obliged, when the said sheriff requires it of him to deliver ex- in writing, to deliver gratuitously, within the month following such demand, an extract from the valuation roll in accordance list of jurors. with form A of this chapter, containing the names of all persons inscribed on such roll, domiciled in the municipality, being qualified as grand and petit jurors. 48 V., c. 17, s. 1.

tract from

roll to make

Supplement

delivered to sheriff an

nually.

2623. Every year, during the month following the homoary list to be logation or revision of the valuation roll, in any municipality situated wholly or partly within thirty miles of the place in which is held the court of the district in which such municipality is situated, it is the duty of the clerk or the secretarytreasurer, (when the extract above mentioned is not asked for by the sheriff), to deliver to the latter gratuitously a supplementary list, in accordance with form B of this chapter, containing:

Contents of such list.

1. The names of persons who have, since the last extract or supplement, become qualified as jurors ;

2. The names of all persons who, to his knowledge, have, since the forwarding of the last extract or of the previous supplement, died, or

No longer reside within the limits of the municipality, or Have become disqualified or exempt from serving as jurors; and

3. The names of all persons erroneously entered upon or omitted from previous extracts or supplements. 48 V., c. 17, s. l.

supplement,

2624. In giving the names of the persons who have ceased What to be to be jurors since the last extract or previous supplement, the noted in such clerk or secretary-treasurer shall identify them correctly by in cases of indicating their status, amount of assessment and domicile persons ceaswhen their names were for the first time forwarded to the ing to be jurors. sheriff at the time of the extract or since. 48 V., c. 17, s. 1.

clerk and

ation roll.

2625. The clerk or secretary-treasurer shall, by making Duties of the the necessary inquiries, when the valuation roll is being prepared, ascertain what persons within his municipality are dis- treasurer in qualified or exempt from serving as jurors, and he shall not, making valuunder penalty of a fine of not less than one dollar or more than twenty dollars for each name, knowingly include in any extract or supplement to be furnished to the sheriff the name of any person so disqualified or exempt under articles 2620 and 2621. 46 V., c. 16, s. 7.

2626. Such extract and supplement shall give :

1. The name or the names and surnames of the

tered therein;

2. Their occupation;

3. Their domicile ;

Contents of extract and

persons en

supplement.

4. The amount for which they are assessed as proprietors, occupants or tenants; and

5. All the details and information required to establish their identity.

For the purposes of this article, as well as for those of this Clerk, &c., chapter, the clerk or secretary-treasurer shall be considered to officer of be an officer of the court.

court.

In the extract delivered to the sheriff the name of the same Juror to be person should appear only once as a juror. 46 V., c. 16, s. 8; entered only 48 V., c. 17, s. 2.

once.

to be kept for

2627. The clerk or secretary-treasurer shall make and Duplicates of keep, among the records of his office, and open to gratuitous extract, &c.. public inspection, a duplicate of every extract or supplement public inspecwhich he furnished to the sheriff as aforesaid. 46 V., c. 16, tion by clerk

s. 11.

or secretarytreasurer.

extract or

2628. Every extract or supplement shall be accompanied Affidavit to with an affidavit of the clerk or secretary-treasurer, in the accompany form C of this chapter, made and signed by him before supplement a justice of the peace, and testifying under oath to his and form belief in the correctness of the said extract and supplement and of the information therein furnished. 46 V., c. 16, s. 12.

thereof.

treasurer

2629. The clerk or secretary-treasurer is entitled to Fees of clerk receive, from the corporation or municipal council of which he or secretaryis the officer, upon production of the sheriff's certificate that for entries in such extract or supplement is made in the manner prescribed extract or by this chapter, the sum of five cents for each name entered supplement.

Notice to be given be

by him in such extract or supplement, and fifty cents for every necessary affidavit made by him. 46 V., c. 16, s. 13.

2630. Before delivering to the sheriff an extract or supfore deliver- plement, the clerk or secretary-treasurer of the municipality ing extract to shall give a public notice to the effect:

the sheriff.

Contents of notice.

Publication of notice.

Examination, &c., of ex

tracts, &c., by council.

Signature of

approved.

1st. That such extract or supplement shall be submitted to the consideration of the municipal council at a general or special meeting of the council called for that purpose;

2ndly. That the persons, who have a right to be exempt from serving as jurors in virtue of the law, must ascertain from the clerk or secretary-treasurer that their names have been struck from the extract or supplement.

2. Such notice shall be published fifteen days before the meeting of the municipal council, in the following manner:

1st. In cities and towns it shall be published twice a week during two consecutive weeks in a newspaper published in the French language and in a newspaper published in the English language, or in both languages in the same newspaper if there be only one newspaper published in the locality;

2ndly. In all other parts of the Province it shall be published in the manner prescribed by the Municipal Code for the publication of public notices.

3. The municipal council shall, at the meeting convened as aforesaid, examine the extract or supplement, make all corrections therein which it deems necessary, and approve the same. after having ascertained, with all possible care, that the names of all persons who are disqualified or exempt from serving as jurors are not therein entered.

In testimony of such approval, the extract or supplement is mayor when signed by the head of the council or councillor presiding at such meeting and also by the clerk or secretary-treasurer. 48 V., c. 17, s. 4.

Method of

tract or supplement, if

not transmitted.

2631. If any clerk or secretary-treasurer fail to cause any procuring ex- extract or supplement, as the case may be, to be transmitted within the time and in the manner prescribed by this chapter, the sheriff shall procure the same from such clerk or secretarytreasurer; and he is authorized to take communication of the valuation rolls and other documents which may be found necessary in the preparation of such extract or supplement. and he may recover, before any competent court, from the municipality (saving the latter's recourse against such clerk or secretary-treasurer) his disbursements in and about procuring such extract or supplement. 46 V., c. 16, s. 15.

Preparation of jury list, if no valua

tion roll exist.

2632. If, in any municipality, from which jurors should be summoned, there exist no valuation roll, the sheriff shall, at the expense of such municipality, cause lists to be made of the persons domiciled within such municipality, and qualified to be grand and petit jurors respectively.

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